Judgement

First of, it's indeed unfortunate that you have missed the pretrial conference. Anyway,

Quote:

when I talked with them on the phone I only commited to the $100.00 a month until the end of the year when they said it would go up to $355.56 I told them I couldn't afford that, then they said that it we would talk at the end of the year and either work out a settlement or continue with payments.

So there is no written agreement between you and the creditor and it was only an oral commitment.

However I'd have still taken a chance to negotiate the amount with them, though there is no reason why they would agree to it since with the judgement they can put lien against your bank account or garnish your wage depending upon the state laws. In a word, they are now in the position where they can set the rules of the game. Anyway, it still may be too early to lose hope.

Well it's in writing now because they sent documents for me to sign and return. stating that I will pay the $100.00 dollars until the end of the year then pay the $355.56 starting in Jan. me questin now is can I negotiate with them, I told them on the phone when I agreed to pay the 100.00 dollars that I was trying not to have to file BK. if they don't want to negotiate I may have to file BK.

So, they have agreed to let you continue making lower payments for the year. Anyway, I think you should place a call to whomever you're dealing with and get your confusions cleared. It may son happen that they'd draw a fresh contract at the end of the year stating the newly agreed terms.

Has a decision been made about the amount you'd pay from Jan onwards?

It looks like if I sign the stipulated Judgement then I am agreeing to the $355.56. but I am going to give them a call my understanding was that they were going to cancel going forth with any court hearing.

But I will give them a call, I don't really want to sign something I know that I can't afford to.

Well I called and they said this is something they had to file with the courts but that I can still make a settlement offer or a lager downpayment to bring those payments down. that I have only two years to pay it off. according to the courts. so we will see I made it clear that if they don't work with me at the end of the year and I can't afford the payments I will be filing BK and they said they will work with me. so again we will see.

Sometimes the threat of BK can help. You just have to be willing to go through with it. I had a collector tell me to file once when I told him that is what I was going to have to do. If it comes across as an empty threat, they will not take it seriously. But they really do not want you to file. They want to get their money, and they know if you file BK, then they will not get it.
One thing. Are the payments being made by check, or are they debiting your bank account directly? When you come to renegotiate, you want to make sure that they do not have access to your bank account, or they can take the $355, and you will not be able to stop them.

They are by check I would't agree to debiting my account had to many bad experiences with that. I try very hard not to let anyone debit my account. for us its not a threat I even gave the rep. on the phone the lawyers name and phone number.

Sounds like you have already had the consultation. If that is what is necessary, then that is what you should do. I have been paying a lawyer for almost 9 months now, and it has made a lot of things in life simpler, though not necessarily easier.

That was me. Forgot to log in.

The only thing that is keeping me from filing the BK right now is the lawyer I talked with wants a 250.00 retainer then the cost to file the BK is 3500.00 I am looking around for a different lawyer I hear others have filed for much less. so far I talked with one other lawyer and he wanted 200.00 retainer and 2500.00 to file and with both lawyers all cost had to be paid before they would even file with the court. still looking before I decide on either one of these lawyers.

If any one knows of a lawyer in Arizona that is cheaper let me know.

That is high. My lawyer's retainer was only $50, and the total was $1600. None of them will file the case until you pay the entire fee. However, I have the protection of being able to tell the creditors to call him. They are much less inclined to take action because they know that they will not get anything in the end. I am not sure about Arizona law, and what options they have if you do not pay the judgement. They may be able to garnish your wages, and levy your bank account. But the wage garnishment may be cheaper than the payment they want. That would give you more money to use for the attorney's fees.